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JUST-IN: Court Restrains PENGASSAN, Others From Cutting Gas Supply To Dangote Refinery

by Olakunle Olasanmi
4 hours ago
in News
PENGASSAN
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Justice Emmanuel Danjuma Subilim of the National Industrial Court (NIC) in Abuja, has stopped the Petroleum and Natural Gas Workers Association of Nigeria (PENGASSAN) from embarking on its planned industrial action against Dangote Petroleum Refinery and Petrochemicals FZE.

The court, in a ruling on an ex-parte application by Dangote Refinery on Monday, stopped the defendants which included Nigeria National Petroleum Company Ltd (NNPCL), Nigeria Midstream and Downstream Petroleum, and the Nigeria Upstream Petroleum Regulatory Commission, from cutting crude and gas supplies to Dangote Refinery.

A Senior Advocate of Nigeria, George Ibrahim, from Ogwu James Onoja law firm in Abuja, argued the application and secured the order against the defendants.

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The senior lawyer in the ex-parte motion applied for order of interim injunction restraining the 1st Defendant. its members, agents, servants, privies, representatives, assigns or whatsoever and howsoever called, from calling or directing the halt of crude and gas supply to the claimant under any guise and or embarking on any industrial action against the claimant with a view to crippling, blocking roads or obstructing the flow of vehicular movement, shutting down operations of the claimant or licensees of the 2nd to 4th Defendants named in the 1st Defendant’s directives dated September 26, 2025, or by any means frustrating the businesses/activities of the claimant/applicant pending the hearing and determination of the Motion on Notice.

“An order of interim injunction restraining the 2nd – 4th Defendants, their employees, members, agents, servants, privies, representatives, licensees, assigns or whatsoever and howsoever called from giving effect to the directives of the 1st Defendant to halt the supply of crude and gas to the Claimant or joining, continuing, embarking on, or in any manner participating in the planned industrial action of the 1st Defendant and its affiliates and cronies or any other strike whatsoever against the Claimant/Applicant with a view to frustrating her businesses and operations pending the hearing and determination of the Motion on Notice.”

He said that in recent times, there have been incidents of sabotage by some employees of the claimant at the claimant’s plant which sprang up issues of grave health concern and safety of human lives.

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According to him, the management of the claimant came to an irresistible conclusion that there should be re-organisation in the plant which led to relieving of some of its staff of their employment and same was communicated to all staff by a memo or circular dated September 25, 2025.

“The 1st Defendant issued a press statement on the 26th day of September, 2025 wherein it erroneously referred to the laying off of the workers by the Claimant as anti-labour practices, alleging that the workers were being victimized because they joined the 1st Defendant as members of the union which is not correct.

“Irrespective of the explanation offered by the Claimant in Exhibit DR3, the 1st Defendant became more provoked and directed its Executives and Members in the licensees of the 2nd – 4th Defendants through whom the Claimant accesses crude and gas for its plant to stop supplying gas to the Claimant.

“The 2nd – 4th Defendants are on standby to carry out the directives of the 1st Defendant through their agents and licensees as mentioned in Exhibit DR6 with a view to stopping the supply of gas and crude oil to the Claimant in order to halt its business and operation as threatened unless the Honourable Court intervenes.

“The 1st Defendant is going to make good its threat to shut down operations of the Claimant knowing the strength of its membership across the country unless the Honourable Court intervenes.

“The Claimant’s plant was constructed with over 20 Billion UD Dollars by its promoters to solve the energy problem of Nigeria that has been lingering for decades and has been sailing with good results to consumer satisfaction and have been making significant contribution to the economy of Nigeria, but the 1st Defendant if allowed to make good its threat will undoubtedly plunge Nigeria into the dark days of energy dearth and crisis and again, jeopardise the livelihood of the Nigerian’s end users and consumers and negatively impact on the economy

“The 1st Defendant, its members and protegees in the services of the 2nd – 4th Defendants have perfected plans to embark on an industrial action which will cripple to operations and services of the Claimant to the Nigerian public as well as the economy.

“The 1st Defendant has not engaged the Claimant with respect to a dispute, if any, before championing and calling for an industrial action against the Claimant contrary to the extant laws of the Federal republic of Nigeria,” Dangote’s counsel argued in the application.

In his brief ruling on ex-parte application, Justice Subilim held that the balance of convenience was in favour of the Applicants as the continuation of the strike will irreparably damage its business and cripple to provision of essential services to the Nigerian public.

The Judge held that it was in the interest of justice for the Court to restrain the Respondents to preserve the industrial peace and further aid the continuous provision of essential services to the Nigerian public pending the hearing and determination of the substantive suit.

Justice Subilim while granting the restraining order, directed that same be served on the defendants immediately along with motion on notice.

The judge held that the restraining order shall last for seven days only.

He subsequently fixed October 13 for hearing of the Motion on Notice.

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Olakunle Olasanmi

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